(1) Notwithstanding the provisions of title 5 governing appointments in the competitive service, the Secretary shall establish and maintain in the Bureau or other appropriate office or bureau within the Department of the Interior at least 20 agricultural resources intern positions for Indian and Alaska Native students enrolled in an agriculture study program. Such positions shall be in addition to the forester intern positions authorized in section 3113(a) of this title.
(2) For purposes of this subsection—
(A) the term "agricultural resources intern" means an Indian who—
(i) is attending an approved postsecondary school in a full-time agriculture or related field, and
(ii) is appointed to one of the agricultural resources intern positions established under paragraph (1);
(B) the term "agricultural resources intern positions" means positions established pursuant to paragraph (1) for agricultural resources interns; and
(C) the term "agriculture study program" includes (but is not limited to) agricultural engineering, agricultural economics, animal husbandry, animal science, biological sciences, geographic information systems, horticulture, range management, soil science, and veterinary science.
(3) The Secretary shall pay, by reimbursement or otherwise, all costs for tuition, books, fees, and living expenses incurred by an agricultural resources intern while attending an approved postsecondary or graduate school in a full-time agricultural study program.
(4) An agricultural resources intern shall be required to enter into an obligated service agreement with the Secretary to serve as an employee in a professional agriculture or natural resources position with the Department of the Interior or other Federal agency or an Indian tribe for one year for each year of education for which the Secretary pays the intern's educational costs under paragraph (3).
(5) An agricultural resources intern shall be required to report for service with the Bureau of Indian Affairs or other bureau or agency sponsoring his internship, or to a designated work site, during any break in attendance at school of more than 3 weeks duration. Time spent in such service shall be counted toward satisfaction of the intern's obligated service agreement under paragraph (4).
(1) The Secretary shall maintain, through the Bureau, a cooperative education program for the purpose, among other things, of recruiting Indian and Alaska Native students who are enrolled in secondary schools, tribally controlled community colleges, and other postsecondary or graduate schools, for employment in professional agricultural or related positions with the Bureau or other Federal agency providing Indian agricultural or related services.
(2) The cooperative educational program under paragraph (1) shall be modeled after, and shall have essentially the same features as, the program in effect on December 3, 1993, pursuant to chapter 308 of the Federal Personnel Manual of the Office of Personnel Management.
(3) The cooperative educational program shall include, among others, the following:
(A) The Secretary shall continue the established specific programs in agriculture and natural resources education at Southwestern Indian Polytechnic Institute (SIPI) and at Haskell Indian Junior College.
(B) The Secretary shall develop and maintain a cooperative program with the tribally controlled community colleges to coordinate course requirements, texts, and provide direct technical assistance so that a significant portion of the college credits in both the Haskell and Southwestern Indian Polytechnic Institute programs can be met through local program work at participating tribally controlled community colleges.
(C) Working through tribally controlled community colleges and in cooperation with land grant institutions, the Secretary shall implement an informational and educational program to provide practical training and assistance in creating or maintaining a successful agricultural enterprise, assessing sources of commercial credit, developing markets, and other subjects of importance in agricultural pursuits.
(D) Working through tribally controlled community colleges and in cooperation with land grant institutions, the Secretary shall implement research activities to improve the basis for determining appropriate management measures to apply to Indian agricultural management.
(4) Under the cooperative agreement program under paragraph (1), the Secretary shall pay, by reimbursement or otherwise, all costs for tuition, books, and fees of an Indian student who—
(A) is enrolled in a course of study at an education institution with which the Secretary has entered into a cooperative agreement; and
(B) is interested in a career with the Bureau, an Indian tribe or a tribal enterprise in the management of Indian rangelands, farmlands, or other natural resource assets.
(5) A recipient of assistance under the cooperative education program under this subsection shall be required to enter into an obligated service agreement with the Secretary to serve as a professional in an agricultural resource related activity with the Bureau, or other Federal agency providing agricultural or related services to Indians or Indian tribes, or an Indian tribe for one year for each year for which the Secretary pays the recipients educational costs pursuant to paragraph (3).
(1) The Secretary may grant scholarships to Indians enrolled in accredited agriculture related programs for postsecondary and graduate programs of study as full-time students.
(2) A recipient of a scholarship under paragraph (1) shall be required to enter into an obligated service agreement with the Secretary in which the recipient agrees to accept employment for one year for each year the recipient received a scholarship, following completion of the recipients course of study, with—
(A) the Bureau or other agency of the Federal Government providing agriculture or natural resource related services to Indians or Indian tribes;
(B) an agriculture or related program conducted under a contract, grant, or cooperative agreement entered into under the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5301 et seq.]; or
(C) a tribal agriculture or related program.
(3) The Secretary shall not deny scholarship assistance under this subsection solely on the basis of an applicant's scholastic achievement if the applicant has been admitted to and remains in good standing in an accredited post secondary 1 or graduate institution.
The Secretary shall conduct, through the Bureau, and in consultation with other appropriate local, State and Federal agencies, and in consultation and coordination with Indian tribes, an agricultural resource education outreach program for Indian youth to explain and stimulate interest in all aspects of management and careers in Indian agriculture and natural resources.
The Secretary shall administer the programs described in this section until a sufficient number of Indians are trained to ensure that there is an adequate number of qualified, professional Indian agricultural resource managers to manage the Bureau agricultural resource programs and programs maintained by or for Indian tribes.
(Pub. L. 103–177, title II, §201, Dec. 3, 1993, 107 Stat. 2018.)
The Indian Self-Determination and Education Assistance Act, referred to in subsec. (c)(2)(B), is Pub. L. 93–638, Jan. 4, 1975, 88 Stat. 2203, which is classified principally to chapter 46 (§5301 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 5301 of this title and Tables.
Pub. L. 105–337, Oct. 31, 1998, 112 Stat. 3171, provided that:
"This Act may be cited as the 'Haskell Indian Nations University and Southwestern Indian Polytechnic Institute Administrative Systems Act of 1998'.
"The Congress finds that—
"(1) the provision of culturally sensitive curricula for higher education programs at Haskell Indian Nations University and the Southwestern Indian Polytechnic Institute is consistent with the commitment of the Federal Government to the fulfillment of treaty obligations to Indian tribes through the principle of self-determination and the use of Federal resources; and
"(2) giving a greater degree of autonomy to those institutions, while maintaining them as an integral part of the Bureau of Indian Affairs, will facilitate—
"(A) the transition of Haskell Indian Nations University to a 4-year university; and
"(B) the administration and improvement of the academic program of the Southwestern Indian Polytechnic Institute.
"(1) Haskell Indian Nations University, located in Lawrence, Kansas; and
"(2) Southwestern Indian Polytechnic Institute, located in Albuquerque, New Mexico.
"(1) the methods of establishing qualification requirements for, recruitment for, and appointment to positions;
"(2) the methods of classifying positions and compensating employees;
"(3) the methods of assigning, reassigning, or promoting employees;
"(4) the methods of disciplining employees;
"(5) the methods of providing incentives to employees, including the provision of group or individual incentive bonuses or pay;
"(6) the hours of work per day or per week;
"(7) the methods of involving employees, labor organizations, and employee organizations in personnel decisions; and
"(8) the methods of reducing overall staff and grade levels.
"(1) in consultation with the board of regents of the institution and such other persons or representative bodies as the president considers appropriate, develop a plan for such project which identifies—
"(A) the purposes of the project;
"(B) the types of employees or eligibles to be included (categorized by occupational series, grade, or organizational unit);
"(C) the number of employees or eligibles to be included (in the aggregate and by category);
"(D) the methodology;
"(E) the duration;
"(F) the training to be provided;
"(G) the anticipated costs;
"(H) the methodology and criteria for evaluation, consistent with subsection (f );
"(I) a specific description of any aspect of the project for which there is a lack of specific authority; and
"(J) a specific citation to any provision of law, rule, or regulation which, if not waived, would prohibit the conducting of the project, or any part of the project as proposed;
"(2) publish the plan in the Federal Register;
"(3) submit the plan so published to public hearing;
"(4) at least 180 days before the date on which the proposed project is to commence, provide notification of such project to—
"(A) employees likely to be affected by the project; and
"(B) each House of Congress;
"(5) at least 90 days before the date on which the proposed project is to commence, provide each House of Congress with a report setting forth the final version of the plan; and
"(6) at least 60 days before the date on which the proposed project is to commence, inform all employees as to the final version of the plan, including all information relevant to the making of an election under subsection (h)(2)(A).
"(1) provide for a waiver of—
"(A) any provision of law, rule, or regulation providing for—
"(i) equal employment opportunity;
"(ii) Indian preference; or
"(iii) veterans' preference;
"(B) any provision of chapter 23 of title 5, United States Code, or any other provision of such title relating to merit system principles or prohibited personnel practices, or any rule or regulation prescribed under authority of any such provision; or
"(C) any provision of subchapter II or III of chapter 73 of title 5, United States Code, or any rule or regulation prescribed under authority of any such provision;
"(2) impose any duty to engage in collective bargaining with respect to—
"(A) classification of positions; or
"(B) pay, benefits, or any other form of compensation; or
"(3) provide that any employee be required to pay dues or fees of any kind to a labor organization as a condition of employment.
"(1) shall commence within 2 years after the date of enactment of this Act [Oct. 31, 1998]; and
"(2) shall terminate by the end of the 5-year period beginning on the date on which such project commences, except that the project may continue beyond the end of such 5-year period—
"(A) to the extent necessary to validate the results of the project; and
"(B) to the extent provided for under subsection (h)(2)(B).
"(I) is an employee of such institution; and
"(II) if benefits under subchapter III of chapter 83 or chapter 84 of title 5, United States Code, are to be affected, has completed at least 1 year of Government service (whether with such institution or otherwise), but taking into account only civilian service creditable under subchapter III of chapter 83 or chapter 84 of such title.
"(i) any rights accrued by that individual under the system of alternative benefits involved; or
"(ii) the system under which those alternative benefits are afforded, to the extent continuation of such system beyond the termination date is provided for under the terms of the demonstration project (as in effect on the termination date).
"(i) the date occurring 3 years after the commencement date of the project;
"(ii) the date as of which the agreement is scheduled to expire (disregarding any option to renew); or
"(iii) such date as may be determined by mutual agreement of the parties.
"The Secretary shall, to the maximum extent consistent with applicable law and subject to the availability of appropriations therefor, delegate to the presidents of the respective institutions named in section 3(b) procurement and contracting authority with respect to the conduct of the administrative functions of such institution.
"There are authorized to be appropriated, for fiscal year 1999, and each fiscal year thereafter, to each of the respective institutions named in section 3(b)—
"(1) the amount of funds made available by appropriations as operations funding for the administration of such institution for fiscal year 1998; and
"(2) such additional sums as may be necessary for the operation of such institution pursuant to this Act.
"The president of each institution named in section 3(b) may, in consultation with the appropriate entities (referred to in section 4(b)(1)), prescribe any regulations necessary to carry out this Act.
"Not later than 6 months before the date on which a demonstration project under this Act is scheduled to expire, the institution conducting such demonstration project shall submit to each House of Congress—
"(1) recommendations as to whether or not the changes under such project should be continued or made permanent; and
"(2) proposed legislation for any changes in law necessary to carry out any such recommendations."
1 So in original. Probably should be "postsecondary".